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IMO and its role in protecting the marine environment in the Mediterranean Sea
Edward KleverlaanMarine Environment Division
An introduction to shipping and the work of the International Maritime Organization and its area based management tools
WHAT IS IT?• A specialized agency of the United Nations• IMO Convention was adopted in1948 and first met in1959!• 171 Member States plus 3 Associate Members, 140+
observer organizations (IGOs and NGOs)
International MaritimeOrganization (IMO)
• Develops and maintains global regulations forinternational shipping
• Adopts global treaties and guidelines at theintergovernmental level
• Member States are responsible for implementingand enforcing the adopted regulatory framework
• Comprehensive Flag, Port and Coastal Stateenforcement mechanisms
IMO – What does it do?
Flag States• Ensure and enforce that their ships are in compliance with regulations
(UNCLOS Art. 94)
o Survey and certification
o Recognized Organizations (classification societies)
o Mandatory audit scheme – independent
Port States • Verify and enforce that ships calling at their ports are in compliance
(apply equally to all ships regardless of Flag and regardless of whether the Flag State has actually ratified the Convention). Ship detention is a strong incentive.
o Port State Control (UNCLOS Art. 217, 218 & 220)
Implementation – who does what?
Coastal States•Have special rights and obligations in terms of its Territorial Sea, Contiguous Zone, and their EEZ, to safeguard its resources (UNCLOS, various articles, 220)
•Ships have ‘Right of innocent passage’ (UNCLOS Art. 21, 24, 25)
IMO • No enforcement or ‘policing’ mandate
Implementation – who does what?
IMO’s Regulatory Framework
• Some 50 Conventions• Multiple codes, guidelines and recommendations• All aspects covered: Design, Construction, Equipment,
Maintenance, Operation, Crew• Universal coverage:SOLAS 163 Parties 99.2% world tonnageMARPOL 155 99.1%STCW 162 99.2%
UNCLOS 168 NA
Page 18
The regulatory framework
Provides the mandatory
environmental protection level with
zero discharge requirements in some
areas.
Guidance and recommendations for
training and competency of
officers and masters on ships.
Safety requirements apply to all ships which are subject to the Convention.
Legal framework governing the rights and responsibilities of nations in their use of ocean space.
Interplay Safety – Environment - People - UNCLOS
Operational Discharges, including GHG, NOx, SOx and ODS/VOCs
MARPOL
Oil and Chemical Spills/Accidents OPRC/OPRC-HNS PROT REMPEC
Transfer of invasive species Ballast Water ManagementConvention and BiofoulingGuidelines
Ship strikes with cetaceans, ship noise and its impact on marine life, polar waters
SOLAS, MARPOLguidelines and codes
Area Based Management Tools Special Areas under MARPOL, PSSAs and SOLAS
• Six annexes cover operational ship-generated pollution
• Ensures ships are adequately designed, equipped, certified and inspected.
• Requires Port States to deal with wastes – port reception facilities.
• Applies to all ships, although not to pollution arising from the exploration and exploitation of sea-bed mineral resources.
Prevention of Pollution from Ships - MARPOL
MARPOL
AnnexesI & II
Annex III
AnnexIV
AnnexV
Annex VI
Oil and Noxious Liquid
Substances
Harmful Substances
Carried at Sea in Packaged Form
Sewage from Ships
Garbage from Ships
Air Pollution from Ships
In Force In Force In Force In Force In Force
99% of World Tonnage
98% of World Tonnage
91% of World Tonnage
98% of World Tonnage
96% of World Tonnage
Almost universal uptake by fleet
Global framework for international cooperation
Despite effective prevention measures such as those established through MARPOL, accidents still occur, in which case a good level of preparedness to effectively respond is key
The International Convention on Oil Pollution Preparedness, Response and Cooperation (OPRC) and OPRC–HNS Protocol
Pollution preparedness and response
Addresses, inter alia:•Biofouling to minimise the transfer of invasive aquatic species•Provision of reception facilities in ports•Monitoring and surveillance of illicit discharges, enforcement and the prosecution of discharge offenders•Establishing Ship’s Routeing Systems•Assist in identification of Particularly Sensitive Sea Areas (PSSAs) •Reduction of marine noise caused by ships•Places of refuge in order to minimise the risks of widespread pollution•Strengthens the capacity of individual coastal States to respond efficiently to marine pollution incidents through development of contingency plans
REMPEC Regional Strategy for Prevention of and Response to Marine Pollution from Ships (2016-2021)
Can have impacts, particularly on coastal areas, mainly due to the use of heavy fuel oil
Air pollutants from ships:
• Sulphur oxides (SOX)• Nitrogen oxides (NOX)• Particulate matter (PM)• Volatile organic compounds (VOC)• Ozone depleting substances (ODS)
Reductions through the application of abatement technologies and operational measures
Air pollution – Fuel oil availability and quality
In 2017 development of draft guidance on best practice for fuel oil purchasers/users and Member States/coastal States
New global sulphur content standard (0.50% m/m) to be implemented by 1 January 2020
In 2017 additional measures considered to promote consistent implementation
Fuel oil availability
Fuel oil quality
Current topics – MEPC
Stricter limits for SOX, PM and NOX
Air pollution – Emission control areas (ECAs)
North American and US Caribbean Sea ECAs SOX, PM and NOX
North Sea and Baltic Sea ECAscurrently SOX; NOX also from 1 January 2021
• Compliant fuel oil, e.g. ultra low sulphur fuel oil or marine gas oil• Equivalents, e.g. exhaust gas cleaning systems (scrubbers) • Alternative fuels, e.g. gas (dual fuel or gas only), biodiesel, methanol, etc.• Onshore power supply when at berth
Technical tools• EEDI (Energy Efficiency Design Index)
Operational tools• EEOI (Energy Efficiency Operational Indicator)• SEEMP (Ship Energy Efficiency Management Plan)
Shipping is the most efficient means of transport, but there is increased attention in further improving the energy efficiency of ships
Goal: Significant reductions in the emissions of greenhouse gases
Energy efficiency of ships
GHG emissions from ships
Shipping CO2 emissions are projected to increase in the period to 2050, depending on future economic and energy developments
IMO is the competent UN agency to address this matter
Recent developments
Roadmap for developing a comprehensive IMO strategy on the reduction of GHG emissions from ships (initial strategy to be adopted in 2018 and revised in 2023)
Aims to prevent, reduce and ultimately eliminate the risks caused by the transfer of aquatic organisms and pathogens by ships
Will enter into force on8 September 2017
Currently 53 State Parties (53%)
Ballast Water Management
• Special areas and emission control areasMARPOL (I, II, IV, V, VI)
• (2013 Guidelines A 28/Res.1087)
• Particularly Sensitive Sea Areas (PSSAs)
• (2005 Guidelines A.982(24) and as amended byMEPC.267(68))
• Other tools and measures
• SOLAS – routeing, vessel traffic services, reporting
Current topics – MEPCSpecial Areas and Particularly Sensitive Sea AreasSpecial areas - higher level of protection (designated under MARPOL Annexes)
for technical reasons relating to oceanographical and ecological condition and to sea traffic
PSSAs - special protection through action by IMO due to significance for recognized ecological, socio-economic, or scientific attributes vulnerable to damage by international shipping activitiesassociated protective measures give them protection
There are now 14 PSSAs
Guideline ensures that all stakeholder interests are thoroughlyconsidered including Coastal State, Flag State and theenvironmental and shipping communities
• Must show that basic MARPOL requirements do notprovide adequate protection
• Special Area designation can only become effectivewhen adequate port reception facilities in Statesbordering Special Area are provided, in accordance withthe provisions of MARPOL
• Separate guidance and requirements for ECA’s
What is a PSSA ?“A PSSA is an area that needs
special protection through action by IMO because of its significance for recognized
ecological, socio-economic, or scientific attributes where such attributes may be vulnerable to
damage by international shipping activities. ”
Can be anywhere at sea (TS, EEZ or beyond)
PSSA Designation“At the time of designation of a PSSA,
an associated protective measure, which meets the requirements of the
appropriate legal instrument establishing such measure, must
have been approved or adopted by IMO to prevent, reduce, or eliminate the threat or identified vulnerability”
Measures are to be implemented in accordance with international law
PSSAs – Guidelines• Provide guidance in the formulation
and submission of applications for designation of PSSAs
• Provide for the assessment of such applications by IMO – MEPC
• Ensure that:all interests (coastal and flag States, and the environmental and shipping communities) are thoroughly considered
ECOLOGICAL CRITERIA• Uniqueness• Critical habitat• Diversity• Productivity• Spawning grounds• Integrity• Fragility• Bio-geographic
importance
SOCIAL, CULTURAL & ECONOMICCRITERIA
• Socio Economic• Human dependency• Cultural heritage
SCIENTIFIC & EDUCATIONAL CRITERIA
• Baseline studies
• Research
Past Incidents
VULNERABILITY OF THE AREA TO DAMAGE FROM INTERNATIONAL MARITIME ACTIVITIES
Vessel TrafficCharacteristics
•Vessel types•Cargoes
Natural Factors•Hydrography
•Meteorological•Oceanographic
Associated Protective Measures for PSSAs - Examples
• IMO – pilotage regimes• Mandatory reporting e.g. for tankers
carrying heavy grades of fuel oil • Traffic separation schemes or Areas to be
avoided • No Anchoring Areas • Discharge prohibitions e.g. MARPOL
Special Areas, ECAs• Using other existing IMO measures
Ecological Criteria – examples
• Criticial habitat:– Essential for survivial,
function or recovery of fish stocks or rare and endangered species or for the support of LMEs
• Diversity:– - Exceptional variety of
species….highly varied ecosystems, habitats and communities
Criteria
• At least one of the criteria must exists throughout the entire area, though the same criterion need not be present throughout the entire area.
Mediterranean Status
Special Area status of the Mediterranean Sea under MARPOL • Annex I: Oil (1983)• Annex V: Garbage from
ships (2009)
One (1) PSSA in the Mediterranean:• Strait of Bonifacio
Status of ratification of MARPOL by 21 Mediterranean coastal States
• A mandatory ship reporting system • Vessels are recommended to take advantage
of the pilotage service.• The Associated Protective Measure
encourages seafarers to use the existing recommended two-way route through the Strait.
SabanaSabana--Camagüey Camagüey EcosystemEcosystem
CAMAGÜEY
CIEGO DE ÁVILA
VILLA CLARA
Watershed
Exclusive EconomicZone
Keys
Marine shelf
Cuba
Project Area
Associated Protective Measures
•ATBA
•Domestic Regulations relating to discharges:
• Prohibitions on any discharge into the sea, of oil, oily mixtures, noxious liquid substances, garbage or harmful substances from vessels of any type or size.
• Avoid ballast water discharging and reloading while transiting waters
Sea area around Malpelo Island
• Risk of serious damage to important systems, to the environment and to the economy of the area
APM• Area to be avoided• Applies to all fishing vessel, and all other
ships in excess of 500 gross tonnage
22 August 2008 Edward Kleverlaan (IMO) 41
Conclusions - PSSAs1. Issue must relate to international shipping2. Size of area commensurate with demonstrated
need3. Adequate documentation of criteria and
vulnerability4. Legal basis for APMs must be clearly
demonstrated tailored to address risk identified 5. Linkage between the three elements: Area -
Threats - Measures
22 August 2008 Edward Kleverlaan (IMO) 42
Benefits of PSSA designation
•Addresses area’s vulnerability to damage by international shipping in an integrated manner (risk management approach)
•Increases maritime safety, and
•Increases community and mariners’awareness of the sensitivity of, and risks to navigation in the area
•2009 Guidance Document for Minimising the Risk of Ship Strikes with cetaceans
•Working with IWC and industry collecting data (whale sightings and strikes)
•Traffic Separation Schemes moved off north east coast (Boston Harbour) and south west coast (California) of the United States; Bay of Fundy, Canada, Off Gibraltar
•Working with Sri Lanka to reduce shipstrikes (PSSA &/or moving TSS)
IMO’s Work on Whales and shipstrikes
Important aspects for a submission:•A strong needs statement, accompanied by relevant documentation – data
•An assessment of impact to maritime industries
•Robust risk reduction analysis
•Only IMO members can submit proposals
•Ability to monitor domestic coastal State regulations, legislation, or other mechanisms that might be instrumental in implementation
IMO’s Work on Whales and shipstrikes
Fish
Whales
DolphinsSeals & Sea Lions
10 kHz 100 kHz
200 kHzPorpoises
1 Hz 10 Hz 100 Hz 1 kHz
Shipping
IMO’s Work on Underwater Noise
• Mainly chronic source of sound, not acute• Factors: ship type; size; loading conditions;
method of propulsion; speed; bottom topography• Main source: ‘propeller cavitation; onboard
machinery; turbulence around hulls
for the reduction of underwater noise from commercial shipping to address adverse impacts on marine Life – (MEPC.1/Circ.833 )
• Application: any commercial ship• Design considerations: propellers, hull design and
onboard machinery • Advice on: technologies for existing ships • Operational and maintenance considerations:
propeller cleaning, underwater hull surface, selection of ship speed, re-routing to avoid sensitive areas
.1 possible noise reduction targets/limits
.2 setting operating guidelines for sensitive marineareas;
.3 using standardized measurement protocols andidentifying the noisiest ships;
.4 establishing baseline ambient noise levels inocean areas; and
.5 collect information on sensitive areas for thepurpose of voyage planning.
• Universally applicable regulations are vital, wherever ships are found. Important in the Mediterranean Sea already
• Responsibilities shared between Flag, Port and Coastal States – all need to play
• IMO welcomes further efforts to address the protection of the Mediterranean Sea from the risks associated with international shipping